Delaware General Assembly

CHAPTER 553.

OF THE INSANE.

AN ACT in relation to a State Hospital for the Insane.

WHEREAS, "The Trustees of the Poor of New Castle County" have recently erected a department for insane persons;

AND WHEREAS, It is proposed that the said Insane Department with all its appurtenances shall belong to and be controlled and managed by the State of Delaware, for the benefit of the State at large; now therefore,

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

SECTION 1. That Lewis Lewis Thompson, Jno. J. Black, M.D., Nathaniel Williams and __________ of New Castle County, and Zebulon Hopkins, John B. Cooper and Jas. H. Wilson, M. D., of Kent County, and Alfred P. Robinson, Eli R. Sharp and Hiram R. Burton, M. D., of Sussex County, are hereby appointed and constituted the State Board of Trustees of the Insane Department; the first mentioned from each county shall serve for the period of one year, the second for two years and the third for three years. When the terms of Terms of the trustees herein mentioned shall expire their successors shall be appointed by the Governor for a term of three years. All vacancies shall be filled by the Governor for the residue of the term, but at no time shall all the members from each county be on State issues of the same political faith and opinion; and the trustees shall be distributed equally among the three counties of the State; Provided, that one of the three trustees from each of the counties shall be a physician in

good standing. The said trustees of the insane shall receive for attendance at the Insane Hospital in performance of their duties for each meeting of the board of trustees each (trustee) four dollars, also three cents per mile going and returning. But no trustee of the Insane Hospital shall receive fees or compensation, as before provided, for attendance upon more than twelve meetings of the board as aforesaid in one year; one to be held monthly. Said compensation to be paid by the State.

SECTION 2. The said Board of Trustees shall have and complete control and management of the State Insane Hospital, shall appoint physicians, stewards, matrons, nurses 8111076V

and all other necessary servants, and shall fix their terms of service as well as their pay or compensation; shall provide suitable food, raiment, medicine and all other things necessary for the comfort and improvement of the inmates of said Hospital.

SECTION 3. The costs of the maintenance of the said Cost of State Hospital shall be borne by the State, and shall be paid by the treasurer of the State on orders drawn by the President of the said State Board of Trustees, attested by the Secretary of the said board. It shall be *duty of the State Auditor to Auditor to examine and audit the accounts of the said State Board of Trustees of the Insane Hospital once in every three months, when the said board shall produce proper vouchers for all orders drawn on the State Treasurer as aforesaid. The auditor shall also have at all times authority- to inspect Auditor to all books and papers relating to the affairs of the said Insane Hospital.

*So enrolled.

SECTION 4. The Legislature shall, at every biennial session thereof, provide an annual sum for the use and support of the said Insane Hospital, which sum shall be subject to orders drawn as aforesaid, and shall be paid out by the State Treasurer as aforesaid.

SECTION 5. The said Board of Trustees of the State Insane Hospital is hereby authorized and empowered to take,

receive and hold the above mentioned Insane Department erected by "The Trustees of the Poor of New Castle County" and lands adjoining the same, of not less than ten acres and the Board of "Trustees of the Poor of New Castle County," is hereby authorized and empowered to grant and convey to the said State Board of Trustees of the Insane Hospital, the land, and premises aforesaid, with the appurtenances, at and for the sum of seventy-five thousand dollars ($75,000).

SECTION 6. Any indigent insane person a citizen of the State shall be admitted to the said Insane Hospital upon the written order of any one of the trustees thereof, or upon the written order of any two Trustees of the Poor of either county, or by the Chancellor of the State as now provided by law. When any insane person shall be able, after a reasonable and proper provision is made for the support and education of his family, to support himself, he shall be liable for his support, and the said Board of Trustees of the Insane shall have the same power and authority to collect from him or out of his property and effects, the moneys necessary for his said support as are now given or that may hereafter be given to "The Trustees of the Poor" of the several counties of this State, and the said Board of Trustees of the Insane Hospital shall have the same power and authority to collect the same as are now given or that may hereafter be given to "The Trustees of the Poor" of the several counties.

SECTION 7. The said Board of Trustees of the Insane Hospital shall have full power and authority to receive any insane person from any other State, who shall be able to pay for their maintenance and support.

SECTION 8. All details with reference to a division of such parts of the said property as are held and used in common by the Insane Department and the Department for the Poor, shall be determined and adjusted by the State Board of Trustees and the Trustees of the Poor of New Castle County.

SECTION 9. In all cases of application for the commitment of any person to the Hospital, the evidence and certificate of at least two respectable physicians, based upon due inquiry and personal examination of the person to whom insanity is imputed, shall be required to establish the fact of insanity and a certified copy of the physicians' certificate shall accompany the person to be committed, together with the written order of the trustees or Chancellor as provided in Section 6 of this Act.

SECTION 10. That it shall and may be lawful for any person or persons, firm or corporation to give, grant, devise or bequeath to the said Insane Hospital any property, real, personal or mixed, and the said State Board of Trustees of the Insane are hereby authorized and empowered to receive, collect, take and hold for the use and behoof of the said Insane Hospital any and all property so given, granted, demised and bequeathed, and to manage and use the same for the benefit of the said Insane Hospital in accordance with the provisions of such grants, devises and bequests, and with the law creating and governing the said Insane Hospital.

SECTION 11. The said State Board of Trustees of the Insane is hereby authorized and empowered to take, receive and hold the building in Sussex County known as "The Insane Department" for that county; and the Board of Trustees of the Poor of Sussex County is hereby authorized and empowered to grant and convey to the said Board of Trustees of the Insane Hospital the building and appurtenances aforesaid, at and for the sum of eight thousand dollars.

Passed at Dover, April 25, 1889.